In-Depth Analysis

USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions

As earlier reported, in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), USCIS adopted a change in policy requiring an H-1B employer to file an amended petition prior to assigning an H-1B employee to a worksite not listed in the original approved petition, if employment at the new geographic location would require the employer to obtain a new certified labor condition application. In a footnote to the decision, the USCIS Administrative Appeals Office insisted that the Simeio Solutions rule merely clarified, but did not depart from, the agency's longstanding interpretation of its H-1B amendment regulation. This statement is inaccurate.